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litigation record/lab/candidate/nyt-openai-litigation-neighborhoodproposal only · no public standing

The New York Times Company v. Microsoft Corporation and OpenAI

Copyright litigation concerning alleged use of New York Times works in generative-AI systems, in the U.S. District Court for the Southern District of New York.

This preview uses Counterpedia's reference-entry skeleton over a structurally validated candidate. The renderer does not admit the record, establish truth, or convert proximity into evidence.

The New York Times Company sued Microsoft Corporation and OpenAI, alleging unauthorized use of its copyrighted works in developing and operating generative-AI products. This record carries the plaintiff allegation, the defendant public position, and later judicial procedural treatment as separate source roles rather than collapsing them into one conclusion.

The record is also navigable through copyright, fair use, the U.S. District Court for the Southern District of New York, Rule 12(b)(6), and the related candidate record Authors Guild v. OpenAI. These are reading and collection-context links only; proximity does not create evidentiary support.

Participants / Components

  • The New York Times Company — Plaintiff
  • OpenAI — Defendant (with Microsoft Corporation as co-defendant)

Allegation

nformation ecosystem that is awash in unreliable content, The Times’s journalism provides a service that has grown even more valuable to the public by supplying trustworthy information, news analysis, and commentary. 2. Defendants’ unlawful use of The Times’s work to create artificial intelligence products that compete with it threatens The Times’s ability to provide that service. Defendants’ generative artificial intelligence (“G enAI”) tools rely on large-language models (“LLM s”) that were built by copying and using millions of The Times’s copyrighted news articles, in-depth investigations, op
— The New York Times Company v. Microsoft Corporation and OpenAI, S.D.N.Y., ECF No. 1 (Complaint)
Carried as the plaintiff's pleaded position. It is contested litigation material, not an established fact.

Positions of the parties

in a new window), American Journalism Project(opens in a new window) and NYU(opens in a new window) offer a glimpse into our approach.2. Training is fair use, but we provide an opt-out because it’s the right thing to doTraining AI models using publicly available internet materials is fair use, as supported by long-standing and widely accepted precedents. We view this principle as fair to creators, necessary for innovators, and critical for US competitiveness.The principle that training AI models is permitted as a fair use is supported by a wide range of academics(opens
— OpenAI, "OpenAI and journalism," archived via Wayback Machine (capture 2024-05-10)
Carried as OpenAI's public position. It is not independent verification and is not established here as fact.

Procedural history

icles as a matter of law. The Court therefore grants OpenAI’s motion to dismiss CIR’s claim of direct infringement under 17 U.S.C. § 501 insofar as it relates to the “abridgments” contained in Exhibit 11. X. C ONCLUSION For the foregoing reasons, the Court denies (1) OpenAI’s motions to dismiss the direct infringement claims involving conduct occurring more than three years before the complaints were filed; (2) defendants’ motions to dismiss the contributory copyright infringement claims; and (3) defendants’ motions to dismiss the state and federal trademark dilution claims in the Daily News action. The Court grants defen
— The New York Times Company v. Microsoft Corporation and OpenAI, S.D.N.Y., ECF No. 514 (Rule 12(b)(6) Opinion)
The carried judicial source is a Rule 12(b)(6) motion-to-dismiss ruling addressing pleading sufficiency for certain claims; it is not a merits ruling that OpenAI's use of New York Times content constitutes fair use.

Source register

Sources

Source Records and unresolved references carried by this entry. Source identity is shown first; capture and observation details remain secondary.

Showing 3 of 3 source references

  • source:nyt-openai:no-s01-plaintiff-complaint

    Not linked to a Source Record

    Unresolved reference

    Content availability unknown

  • source:nyt-openai:no-s02-defendant-statement

    Not linked to a Source Record

    Unresolved reference

    Content availability unknown

  • source:nyt-openai:no-s03-judicial-opinion

    Not linked to a Source Record

    Unresolved reference

    Content availability unknown

Source coverage & capture details

Source types

  • Source type not classified (3)

Source Record links

0 references linked to Source Records · 3 references not linked to Source Records

Copies held

0 references with a retained copy linked to a Source Record · 3 references with a retained copy not linked to a Source Record · 0 references with no retained copy

Retained copy availability

0 references with retained content available · 0 references with a custody record only · 3 references where retained-copy availability is unknown

Retrieval history

0 HTTP checks recorded · 0 retrieval observations with no copy retained · 0 unresolved source locations · 0 same-document locator notes

Source provenance (technical)
Bound source references
3
Resolved source records
0
Retained capture associations
3 (0 identity-resolved, 3 unresolved)

Not established on this record

“The court held that OpenAI's training on NYT works was lawful fair use.”

Refused. Retained from the underlying governed NYTOAI proof; this candidate does not originate a new refusal decision. Refused is not false.

The carried judicial source is a Rule 12(b)(6) dismissal-stage procedural ruling. It does not reach a fair-use holding on the merits, so the stronger formulation does not stand on this record.

Reopens on · a subsequent merits-stage ruling on the fair-use defense enters the governed recordOpen fair-use candidate →Open Rule 12(b)(6) candidate →

Sources carried

3roles held apart

Linked records

9navigation only

Public standing

none

Lifecycle

proposal only

Standing · read-only projection

Not yet eligible to render as an article

This marker projects the candidate's existing lifecycle and standing fields. It does not run the admitted-record publication check, confer standing, or create a new governance state.

Lifecycle
proposal_only
Public standing
none
Admission
not applied

Existing refusal: Refused

The carried judicial source is a Rule 12(b)(6) dismissal-stage procedural ruling. It does not reach a fair-use holding on the merits, so the stronger formulation does not stand on this record.

Reopening condition: a subsequent merits-stage ruling on the fair-use defense enters the governed record

About this record

This candidate preview renders a structurally validated content object inside the proposal-only lab membrane. It confers no admission or public standing; source resolution and verification remain separate axes, and the renderer holds no authority of its own.

Lifecycle
proposal_only
Public standing
none
page_id
nyt-openai-litigation-neighborhood
Page family
litigation
Content schema
counterpedia.content/v0.2
Specimen basis
NEIGHBORHOOD-POPULATION Phase 1: linked candidate projection of the existing NYT/OpenAI reference record; retained capture identities consumed from lib/garpedia/nytOpenAiKnownSources.ts; admitted NYT/OpenAI bytes untouched.
Candidate provenance (technical)
Route
/lab/candidate/nyt-openai-litigation-neighborhood
Lifecycle state
proposal_only — no CompositionAdmissionDecision applied
Content schema
counterpedia.content/v0.2
Specimen source
NEIGHBORHOOD-POPULATION Phase 1: linked candidate projection of the existing NYT/OpenAI reference record; retained capture identities consumed from lib/garpedia/nytOpenAiKnownSources.ts; admitted NYT/OpenAI bytes untouched.
page_id
nyt-openai-litigation-neighborhood
Public standing
none — unreachable from /entry/[slug]; direct URL only